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IN THE COURT OF APPEALS OF IOWA No. 0-352 / 09-1250 Filed June 16, 2010

SHAUN VOSE, Plaintiff, vs. IOWA DISTRICT COURT FOR MARSHALL COUNTY, Defendant. ________________________________________________________________

Appeal from the Iowa District Court for Marshall County, Carl D. Baker, Judge.

An alleged contemnor seeks review of a district court ruling finding him in contempt of a domestic abuse protective order, contending that his confession alone was not sufficient to support the finding of contempt. WRIT ANNULLED.

Merrill C. Swartz of the Swartz Law Firm, Marshalltown, for appellant. Thomas J. Miller, Attorney General, Jennifer Miller, County Attorney, and Suzanne Lampkin, Assistant County Attorney, for appellee.

Considered by Vaitheswaran, P.J., and Eisenhauer and Doyle, JJ. Tabor, J. takes no part.

2 VAITHESWARAN, P.J. Shaun Vose seeks review of a district court ruling finding him in contempt of a domestic abuse protective order. I. Background Facts and Proceedings The district court entered a domestic abuse protective order against Shaun Vose which restrained him from having any contact with Angela Vose. The order stated in part, "[Vose] shall not communicate with the protected party in person or through any means including third persons." After the order was entered, Vose registered a complaint with the Marshalltown Police Department. He told a responding officer that he received a harassing text message from Angela disapproving of haircuts he gave their children. Vose showed the officer the protective order and advised him that Angela was not supposed to contact him. At the same time, Vose admitted he posted a message on his social networking homepage, which made reference to the dispute, and that he assumed Angela might have seen it. He also told the officer that he sent Angela an e-mail stating, "Go get fucked you retarded bitch." The officer arrested Vose for violation of the protective order. The State filed an application to have Vose held in contempt. See Iowa Code

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